In negotiation over a limited pool of resources, conflicts often spring up over what constitutes a fair agreement. If two business partners are going their separate ways, they might have different ideas about how their shared assets should be divided, for example. Currently, such a dispute is playing out between China and four of its Southeast Asian neighbors over claims to the South China Sea. According to a report issued by the research organization International Crisis Group (ICG), recapped by Jane Perlez in the New York Times in late July, the disputes have reached an impasse that could lead to an open conflict.
dispute
The following items are tagged dispute.
Is the Devil in the Details?
You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down the road.
Turn Your Adversary Into Your Advocate: The Benefits of Seeking Advice
Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability. Think about the last time someone asked you for advice. How did you respond? You probably had at least one of these reactions:
Negotiating with Your Agent
Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in Atlanta.
Managing Conflict Outside of the Courts
In May, Alex Scally, one half of the Baltimore musical duo Beach House, was surprised to hear from fans in Britain claiming that a new song by the band was being used in a Volkswagen television ad. Scally hurried to watch the ad online. He and his partner Victoria Legrand had repeatedly rejected lucrative offers from Volkswagen and its ad agency, DDB, for permission to use Beach House’s 2010 song “Take Care” in an ad, reports James C. McKinley, Jr. in the New York Times.
Roger Fisher Papers Open at Harvard Law School Library
Roger Fisher, one of the cofounders of the Program on Negotiation at Harvard Law School and Samuel Williston Professor of Law, Emeritus, was honored on the 8th of April with a celebration of his career, research, and contributions to both the HLS community and the field of negotiation.
The Darker Side of Perspective Taking
Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes.
Recent research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark side to this generally sound negotiation advice. The researchers ran a series of experiments in which they asked participants to determine the fair division of a scarce resource. Half of the subjects (the “self-focused condition”) were asked how much would be fair for them to take. The other subjects (the “other-focused” condition) were asked to think about what would be fair for others to take and then write down how much would be fair for each party (not just themselves) to take.
Who’s Watching? How Onlookers Affect Team Talks: Negotiating in Front of Allies and Enemies
Imagine that you and a colleague get in an argument about the layout of a final report in front of a coworker you both like. Now suppose the same argument occurs in front of someone your colleague likes but you do not or vice versa – in front of an ally who is your colleague’s foe.
August 2012
Rethink your goals.
Rule out stonewalling.
When Umbrella Agreements Spring Leaks in Dispute Resolution
Negotiators tend to want the best of both worlds. When reaching an agreement, they want to nail down parties’ respective rights and responsibilities, but they also want to retain the flexibility to deal with ever-changing business conditions.
One solution to this apparent dilemma is to craft umbrella, or framework, agreements. (The term umbrella is more commonly used in the business world, while framework is more widely used in legal and diplomatic circles.) Such agreements set out general principals that will apply to more specific give-and-take contracts in the future. An umbrella agreement between a soft-drink company and a grocery chain, for example, would typically cover issues such as exclusivity, invoicing, confidentiality, and termination. Subsequent short-term contracts would set prices and promotional allowances for specific products.









